Eviction Law in Maine
Getting stuck with a problem tenant can drain your patience—and your wallet. Maine renters have strong legal protections, and that often leaves landlords wondering when and how they’re allowed to take action. If your tenant won’t pay rent, keeps breaking the lease, or is damaging your property, you don’t have to face it alone. But you do need to know the law before making your next move.
Ready to move forward? We can connect you with a Maine eviction attorney who knows the process inside and out. Let us help you take the right steps, the first time.
What Is an Eviction?
An eviction begins when a landlord issues a formal notice requiring a tenant to leave the property—usually due to unpaid rent or a violation of the lease. But even when a tenant is clearly in the wrong, the eviction process can be drawn out and expensive. In Maine, landlord-tenant laws tend to provide significant protections for renters, which means property owners must follow specific legal procedures from start to finish.
That said, not every eviction notice ends with a tenant being forced out. In many cases, the notice acts as a final warning. If the tenant pays what’s owed or corrects the lease violation within the given timeframe, they may be allowed to stay.
When Can Landlords Send a Termination Notice?
The Tenant Doesn’t Pay Rent
If a tenant in Maine consistently pays rent late—or stops paying entirely—you may have valid grounds to begin the eviction process. Occasional delays might be forgiven under a grace period, but chronic nonpayment isn’t protected.
Under Maine law, rent is officially considered late 15 days after the due date. Once that deadline passes, landlords can issue an eviction notice. The length of the notice period will depend on the situation: a seven-day notice is typical for serious lease violations like nonpayment, while a thirty-day notice may apply in other cases.
To protect your position, make it a habit to document every rent issue. Send written “late rent” notices to your tenant and keep copies for your records. If you end up in court, a well-kept paper trail showing missed payments and prior warnings can make all the difference in a judge’s ruling.
The Tenant Violates the Terms or Conditions of the Lease Agreement
A lease agreement is a binding legal document, and when a tenant breaks the terms—such as moving in unauthorized occupants or violating pet rules—you may have grounds to begin the eviction process. These violations don’t have to be extreme to matter; even repeated minor breaches can build a strong case when properly documented.
That said, the lease applies to both parties. As a Maine landlord, you’re also required to follow the terms you agreed to—such as completing repairs or providing specific services. Holding up your end makes it easier to enforce the rules when the tenant falls short.
The Tenant Damages the Property
Wear and tear is part of renting. Scuffed walls or worn-out fixtures are to be expected over time. But when damage goes beyond the norm—like smashed windows, broken doors, or holes punched in walls—it could be enough to justify an eviction.
Before jumping to legal action, consider how the tenant responds. If they acknowledge the damage and fix it properly without altering the unit further, you may be able to avoid eviction. But if the damage continues or the tenant refuses to cooperate, it’s time to document everything and move forward.
The Tenant Uses the Property for Illegal Purposes
If a tenant is using your Maine property for illegal activity—such as dealing drugs or storing weapons—you have strong legal grounds to pursue eviction. These cases can also lead to police involvement, so it’s important to act quickly and protect your property from further risk.
To support your case, be sure to gather any available proof. Incident reports from law enforcement, eyewitness accounts, or documented complaints can help establish a pattern of criminal behavior. Without clear evidence, these claims can be difficult to enforce in court.
How to Evict a Tenant in Maine
Step 1. Check Your Local Laws
Eviction laws in Maine follow state guidelines but can also differ by town or city, which makes it essential to understand the rules that apply to your specific location. Acting without a valid legal reason—or without following proper notice procedures—can delay your case or even get it dismissed. Before moving forward, it’s wise to consult a qualified Maine attorney who can help you determine whether your situation meets the legal threshold for eviction.
Maine law clearly defines the rights and responsibilities of both landlords and tenants. Tenants, for example, have the right to file a claim in small claims court to recover a security deposit—up to $6,000. That’s why it’s important to document everything and ensure that you’re complying with all legal obligations tied to the lease.
Landlords are also limited in how much they can collect as a security deposit. State law caps it at two months’ rent, and it must be returned to the tenant within 30 days of the lease ending. If the rental is at-will (without a lease), the timeline shortens to 21 days. Missing those deadlines could open the door to legal action—even if the tenant was in the wrong elsewhere.
Step 2. Give a Formal Notice of Eviction
If you’ve already made a good-faith effort to resolve the issue and your tenant continues to break the lease, it may be time to issue a formal eviction notice. In Maine, this notice acts as a final warning—your chance to document the violation and give the tenant a clear deadline to correct the problem or leave the property. Whether it’s for nonpayment, property damage, or another breach, your notice should explain the issue and outline what the tenant can do to avoid eviction.
Your written notice must include the amount owed (if applicable), the date the notice is issued, and the exact deadline to comply or vacate. Maine law generally requires 30 days’ notice for most evictions. However, for more serious violations, landlords may be allowed to give only seven days’ notice.
Under Maine law, you may be allowed to issue a 7-day eviction notice if any of the following situations apply:
- There’s documented evidence of violence or threats by the tenant
- The tenant has caused serious or deliberate damage to the property
- Someone is living on the premises without the landlord’s permission
- The tenant—or someone in the household—has become a nuisance or is disturbing others
Step 3. File the Eviction with the Court
Once you’ve served the eviction notice and the notice period has passed, the next step is to file your case with the court. Don’t delay—this filing should happen within a few days of the deadline listed in your notice. After your paperwork is submitted, the court will schedule a hearing and issue a summons to notify the tenant.
In Maine, most eviction cases are handled in local District Courts. These hearings are typically conducted before a judge, without a jury, and both sides have a chance to present their case.
Step 4. Contact an Experienced Maine Eviction Attorney and Prepare for the Hearing
If you haven’t already, now is the time to speak with a qualified Maine eviction attorney. A lawyer can help you prepare your case, make sure you’ve followed the correct procedures, and ensure your documents are in order before your court date.
Be sure to bring the following documentation to court:
- A signed copy of the lease agreement
- Payment history and any outstanding rent balances
- Copies of bounced or returned checks (if any)
- Written communication between you and the tenant (emails, texts, letters)
- A copy of the eviction notice you issued
- Proof the tenant received the notice (such as certified mail receipt or witness testimony)
Step 5. Evict the Tenant
If the court rules in your favor, the tenant will be given a short window—typically a few days—to move out of the property. The exact timeline can vary, but in Maine, it’s usually 48 to 72 hours after the court issues a writ of possession. If the tenant doesn’t leave voluntarily, you can contact the local sheriff’s office to carry out the eviction.
It’s important to remember that you cannot remove the tenant yourself. Changing the locks or moving their belongings without a legal eviction order is considered unlawful. Always wait for the sheriff to handle the process once the court grants you possession of the property.
Step 6. Collect Past-Due Rent Payments
Winning the eviction case doesn’t automatically guarantee you’ll recover the rent owed. If the tenant leaves without paying, you may need to take additional steps to collect the debt. Maine law allows several legal options for pursuing past-due rent once you have a court judgment.
Ways to collect unpaid rent include:
- Hiring a licensed debt collection agency
- Requesting wage garnishment through a court order
- Filing for a garnishment of the tenant’s state or federal tax refunds
- Suing the tenant in small claims court to obtain a judgment
Work with an Experienced Eviction Attorney in Maine
In Maine, tenants often push back by claiming the eviction process wasn’t handled correctly—especially when it comes to notice requirements or deadlines. That’s why it’s so important to work with an experienced Maine attorney who understands the ins and outs of local landlord-tenant law. The right legal help can make the difference between a delayed case and a clear path to reclaiming your property.
Submit a request online or call us today at (866) 345-6784 to get in touch with an experienced lawyer in your area! We can even help you connect with an attorney across Maine state lines.
About the Author
Aaron is a professional legal writer with a B.S. in English Education from Southern Illinois University – Carbondale. He has written, published, and edited thousands of legal articles for RequestLegalHelp, which has connected over 5 million people to legal help in the United States.
With over five years of experience writing thousands of legal articles for law firms across the U.S. and Canada, Aaron specializes in covering federal, state, and city-level legal issues ranging from auto accidents to wrongful terminations.
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